Samsung Loses Bid to Use Apple Case Records in Japan Suit

By Edvard Pettersson -
Jan 23, 2013

Samsung Electronics Co. lost a bid
to have a U.S. judge order Apple Inc. (AAPL) to provide it with
documents and iPhone exemplars, including the one used by Steve Jobs in a 2007 presentation, for a court case between the two
mobile phones makers in Japan.

U.S. Magistrate Judge Paul Grewal in San Jose, California,
yesterday denied Samsung’s request because a similar request is
already pending before a court in Tokyo. Grewal said Samsung
could renew its request after the Japanese court issues its
decision.

“To prevent entanglement in the foreign dispute between
the parties and out of respect for the Japanese tribunal before
which a parallel request is currently pending, the court denies
Samsung’s request for the discovery without prejudice to a
renewed request after the Tokyo district court has had an
opportunity to decide the exact same request before it,” the
judge said in his decision.

Apple, based in Cupertino, California, argued in court
documents that Samsung’s request should be denied because it is
“attempting an end-run around the discovery procedures of the
Japanese courts.”

Samsung seeks any documents concerning iPhone sales before
June 29, 2007, as well as the actual device introduced as
evidence, according to a court filing. Samsung also wants the
iPhone that Apple founder Steve Jobs used when he introduced the
device at his Jan. 9, 2007, MacWorld presentation.

Adam Yates, a spokesman for Suwon, South Korea-based
Samsung, didn’t immediately return a call after regular business
hours seeking comment on the ruling.